See other bills
under the
same topic
HOUSE AMENDED
PRIOR PRINTER'S NOS. 661, 852, 1028,
1060, 1092, 1136
PRINTER'S NO. 1156
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
663
Session of
2015
INTRODUCED BY VULAKOVICH, SCARNATI, ALLOWAY, AUMENT, BOSCOLA,
BROOKS, COSTA, FOLMER, FONTANA, HAYWOOD, McGARRIGLE,
McILHINNEY, MENSCH, RAFFERTY, STEFANO, TARTAGLIONE, VOGEL,
WARD AND SCHWANK, MARCH 31, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in proceedings prior to petition to
adopt, further providing for grounds for involuntary
termination and for hearing; in support matters generally,
further providing for liability for support; and, in child
custody, further providing for consideration of criminal
conviction.
AMENDING TITLE 23 (DOMESTIC RELATIONS) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN SUPPORT MATTERS GENERALLY, FURTHER
PROVIDING FOR LIABILITY FOR SUPPORT; AND, IN CHILD CUSTODY,
FURTHER PROVIDING FOR CONSIDERATION OF CRIMINAL CONVICTION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2511(a)(7) and 2513(d) of Title 23 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 2511. Grounds for involuntary termination.
(a) General rule.--The rights of a parent in regard to a
child may be terminated after a petition filed on any of the
following grounds:
* * *
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(7) The parent is the [father] parent of a child
conceived as a result of [a rape or incest.] any of the
following offenses , which the parent has been convicted of,
pled guilty or no contest to, or been adjudicated delinquent
for :
(i) 18 Pa.C.S. § 3121 (relating to rape);
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault);
(iii) 18 Pa.C.S. § 3124.1 (relating to sexual
assault);
(iv) 18 Pa.C.S. § 3124.2 (relating to institutional
sexual assault); or
(v) 18 Pa.C.S. § 4302 (relating to incest).
(vi) An equivalent offense under the laws of another
state of the United States to any offense under
subparagraphs (i), (ii), (iii), (iv) and (v).
* * *
§ 2513. Hearing.
* * *
(d) Decree.--After hearing, which may be private, the court
shall make a finding relative to the pertinent provisions of
section 2511 (relating to grounds for involuntary termination)
and upon such finding may enter a decree of termination of
parental rights. A decree terminating parental rights under this
section shall not affect the support obligation provided for by
section 4321 (relating to liability for support) on the parent
whose rights have been terminated or the inheritance rights
provided for or through the child subject to the decree by the
laws of this Commonwealth or any other state .
Section 2. Section 4321 of Title 23 is amended by adding a
20150SB0663PN1156 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
paragraph to read:
§ 4321. Liability for support.
Subject to the provisions of this chapter:
* * *
(4) For purposes of paragraphs (2) and (3), the term
"parents" includes an individual whose parental rights have
been terminated due to a conviction for, plea of guilty or no
contest to, or adjudication of delinquency for any of the
following offenses where the child was conceived as a result
of the offense:
(i) 18 Pa.C.S. § 3121 (relating to rape);
(ii) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault);
(iii) 18 Pa.C.S. § 3124.1 (relating to sexual
assault);
(iv) 18 Pa.C.S. § 3124.2 (relating to institutional
sexual assault);
(v) 18 Pa.C.S. § 4302 (relating to incest); or
(vi) an equivalent offense under the laws of another
state of the United States to any offense under
subparagraphs (i), (ii), (iii), (iv) and (v).
Paternity of the child under this paragraph shall be
established in accordance with the laws of this Commonwealth .
The cost of the testing shall be borne by the parent who was
convicted of the offense.
* * *
Section 3. Section 5329 of Title 23 is amended by adding a
subsection to read:
§ 5329. Consideration of criminal conviction.
* * *
20150SB0663PN1156 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b.1) Parent convicted of certain sexual offenses.--
(1) Except as provided in paragraph (2), no court shall
award any type of custody set forth in section 5323 (relating
to award of custody) to the parent of a child conceived as a
result of any of the following offenses for which the parent
has been convicted, pled nolo contendre to, or has been
adjudicated delinquent for:
18 Pa.C.S. § 3121.
18 Pa.C.S. § 3122.1.
18 Pa.C.S. § 3124.1.
18 Pa.C.S. § 3124.2 (relating to institutional sexual
assault).
18 Pa.C.S. § 4302.
An equivalent offense under the laws of another state of
the United States to any offense listed under this paragraph.
(2) A court may award any type of custody set forth in
section 5323 to a parent who has been convicted of an offense
under paragraph (1) if:
(i) the parent who was the victim of the offense , or
the legal guardian if the parent is a minor or is
otherwise incapable of personally objecting, does not
object to the custody award; or
(ii) despite the objection to the custody award
under this paragraph, the child is of suitable age and
consents to the custody order and the court determines
the award is in the best interest of the child.
(3) Paternity of the child shall be established in
accordance with the laws of this Commonwealth. The cost of
the testing shall be borne by the parent who was convicted of
the offense.
20150SB0663PN1156 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
Section 4. The amendment or addition of 23 Pa.C.S. §§
2511(a)(7), 2513(d), 4321(4) and 5329 (b.1) shall apply to any
action regarding custody of a child under 23 Pa.C.S. Ch. 43 or
53 that is filed on or after the effective date of this section.
Section 5. This act shall take effect in 60 days.
SECTION 1. SECTION 4321 OF TITLE 23 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 4321. LIABILITY FOR SUPPORT.
SUBJECT TO THE PROVISIONS OF THIS CHAPTER:
* * *
(2.1) PARAGRAPH (2) APPLIES WHETHER OR NOT PARENTAL
RIGHTS OF THE PARENT HAVE BEEN TERMINATED DUE TO A CONVICTION
FOR ANY OF THE FOLLOWING WHERE THE OTHER PARENT IS THE VICTIM
AND A CHILD HAS BEEN CONCEIVED AS A RESULT OF THE OFFENSE:
(I) 18 PA.C.S. § 3121 (RELATING TO RAPE);
(II) 18 PA.C.S. § 3122.1 (RELATING TO STATUTORY
SEXUAL ASSAULT);
(III) 18 PA.C.S. § 3124.1 (RELATING TO SEXUAL
ASSAULT) WHERE THE OFFENSE INVOLVED SEXUAL INTERCOURSE;
(IV) 18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL
SEXUAL ASSAULT) WHERE THE OFFENSE INVOLVED SEXUAL
INTERCOURSE; OR
(V) 18 PA.C.S. § 4302 (RELATING TO INCEST) WHERE THE
OFFENSE INVOLVED SEXUAL INTERCOURSE.
PATERNITY OF THE CHILD UNDER THIS PARAGRAPH SHALL BE
ESTABLISHED THROUGH VOLUNTARY ACKNOWLEDGMENT OF PATERNITY OR
BLOOD, GENETIC OR OTHER TYPE OF PATERNITY TEST ACCEPTABLE TO
THE COURT. THE COST OF THE TESTING SHALL BE BORNE BY THE
PARENT WHO WAS CONVICTED OF THE OFFENSE.
20150SB0663PN1156 - 5 -
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
SECTION 2. SECTION 5329 OF TITLE 23 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 5329. CONSIDERATION OF CRIMINAL CONVICTION.
* * *
(B.1) PARENT CONVICTED OF CERTAIN SEXUAL OFFENSES.--
(1) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE
CONTRARY AND SUBJECT TO PARAGRAPH (2), IF A PARENT WHO IS A
VICTIM OF ANY OF THE OFFENSES SET FORTH IN THIS PARAGRAPH
OBJECTS, NO COURT SHALL AWARD ANY TYPE OF CUSTODY SET FORTH
IN SECTION 5323 (RELATING TO AWARD OF CUSTODY) TO THE OTHER
PARENT OF A CHILD CONCEIVED AS A RESULT OF ANY OF THE
FOLLOWING OFFENSES FOR WHICH THE OTHER PARENT HAS BEEN
CONVICTED:
18 PA.C.S. § 3121.
18 PA.C.S. § 3122.1.
18 PA.C.S. § 3124.1, WHERE THE OFFENSE INVOLVED SEXUAL
INTERCOURSE.
18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL SEXUAL
ASSAULT), WHERE THE OFFENSE INVOLVED SEXUAL INTERCOURSE.
18 PA.C.S. § 4302.
(2) A COURT MAY AWARD ANY TYPE OF CUSTODY SET FORTH IN
SECTION 5323 TO A PARENT WHO HAS BEEN CONVICTED OF AN OFFENSE
UNDER PARAGRAPH (1) IF:
(I) THE PARENT WHO IS A VICTIM HAD AN OPPORTUNITY TO
ADDRESS THE COURT;
(II) THE CHILD IS OF SUITABLE AGE AND CONSENTS TO
THE CUSTODY ORDER; AND
(III) THE COURT DETERMINES THE AWARD IS IN THE BEST
INTEREST OF THE CHILD.
20150SB0663PN1156 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) PATERNITY OF THE CHILD SHALL BE ESTABLISHED BY
VOLUNTARY ACKNOWLEDGMENT OF PATERNITY OR BLOOD, GENETIC OR
OTHER PATERNITY TESTING ACCEPTABLE TO THE COURT. THE COST OF
THE TESTING SHALL BE BORNE BY THE PARENT WHO WAS CONVICTED OF
THE OFFENSE.
* * *
SECTION 3. THE ADDITION OF 23 PA.C.S. §§ 4321(2.1) AND 5329
(B.1) SHALL APPLY TO ANY ACTION REGARDING CUSTODY OF A CHILD
UNDER 23 PA.C.S. CH. 43 OR 53 THAT IS FILED ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION.
SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
20150SB0663PN1156 - 7 -
<--
1
2
3
4
5
6
7
8
9
10
11